NRI Indian return, do you need to declare foreign assets — what do I file?

  • 15+Years of cross-border experience
  • 18,000+Clients served
  • 5.0Google rating
  • 4Global offices — India, USA, Canada & UAE
  • 24-hour helpline: +1 (416) 619-0068
  • 15+ years of cross-border experience
  • 18,000+ clients served
Answer

Filing is how deducted tax is reconciled to actual liability and refunded, and how treaty relief is claimed. The filing set follows from the position, so the position is established first and the forms follow.

What actually has to be filed

Filing is how deducted tax is reconciled to actual liability and refunded, and how treaty relief is claimed. It runs on India's April-to-March year with its own advance-tax rhythm, which has to be mapped onto the Canadian or US calendar year.

The team at work in the open-plan office

Where the general answer is wrong

An NRI files in India only on Indian-source income. That still covers rent, capital gains and deposit interest, and the tax already deducted is usually more than the tax owed.

NRI Indian return, do you need to declare foreign assets — what do I file?
ItemAmount
Sale consideration₹24,900,000
Cost taken into account₹6,723,000
Gain actually arising₹18,177,000
Deduction on the consideration (assumed 15%)₹3,735,000
Tax on the gain (assumed 18%)₹3,271,860
Cash held back beyond the real tax₹463,140

₹463,140 more is deducted than the transaction actually owes. A lower-deduction certificate obtained before closing is what releases it at the table; without one it sits with the department until a return recovers it.

The figures here are an illustration, not an engagement: amounts are picked so the mechanism is easy to follow, and every rate or threshold is an assumption of the example. Before anything is filed for you, each one is confirmed with the issuing authority for your own tax year.

What to do next

The full treatment — who it binds, the deadline, the penalty and the fixed fee — is on NRI Indian return — do you need to declare foreign assets?. Ask before the move rather than after it, because most of the useful options expire on the date.

Reviewed for accuracy for the 2025 and 2026 filing seasons by Udit Gupta, Cross-Border Tax Expert, Legal Quotient Consultants. Published as general information. For a position on your own file, call the 24-hour helpline.

Cross-border tax case studies

Case study 1

Recovering deduction applied to the sale price of an inherited flat

A client sold a flat inherited from a grandparent, and the buyer withheld against the full consideration. Because the property had been in the family for decades, the sum held back was several times the tax the gain actually attracted. The work established the cost to be taken into account for an inherited asset, evidenced the improvements made over the years, computed the gain, and filed the return that set the real liability against the tax already deducted. The engagement produced a filed computation and a refund claim for the excess withheld.

Read how this one runs
Case study 2

Mapping one Indian year across two Canadian filings

A client with Indian rent and deposit interest had been filing in both countries with no reconciliation between them, and the relief claimed in Canada did not match anything on the Indian side. The work rebuilt the income by month, allocated each Indian year to the two Canadian years it touches, and matched the deducted tax to the income it related to. The engagement produced schedules that read consistently in both jurisdictions and a relief claim in Canada supported line by line by the Indian filings.

Read how this one runs
Case study 3

Confirming non-resident status before deciding what the return covered

A client who had spent an unusually long stretch in India during one year had been told to complete the schedule listing foreign assets. That advice depended entirely on status, so status was settled first, from travel records for the Indian year and the preceding ones. The work then defined the return's scope on that basis. The engagement produced a filed non-resident return confined to Indian-source income, with the day count and its documentary support retained in case the year is ever examined.

Read how this one runs
Case study 4

Rent, interest and a gain on one non-resident return

A client had three separate streams of Indian income in the same year and three separate deductions at source, none of which agreed with the tax actually due. Each needed its own treatment: the letting computed after municipal taxes and interest, the deposit interest checked against the designation of the accounts, and the gain computed from cost and holding period. The engagement produced one return carrying all three computations, reconciled against the consolidated statement of tax deducted against the client's name.

Read how this one runs
Case study 5

A lower-deduction certificate obtained before a completion date

A client had agreed a sale of Indian property and completion was some weeks away. Filing later to recover the over-deduction was the fallback; the better order of work was to apply first. We prepared the gain computation, assembled the cost and improvement evidence, and applied for a certificate authorising deduction closer to the real liability. The engagement produced a certificate the buyer could act on at completion, and the same evidence pack later supported the return for that year.

Read how this one runs
Case study 6

Deposit interest deducted at a flat rate and reclaimed on filing

A client's only Indian income was interest on deposits held since before the move, taxed at source at a flat rate each year. Nothing had ever been filed, on the assumption that deduction at source closed the matter. The work checked the designation of each account, computed the liability on the client's actual rate position, and filed for the years still open to recovery. The engagement produced filed returns for those years and a refund claim for the difference between the flat deduction and the real liability.

Read how this one runs
Case study 7

Gains on Indian Shares Held From Abroad

Holding period and instrument decide the character of the gain, and the deduction at source applies before any of that is considered. The return is where the position is corrected.

Read how this one runs
Case study 8

Moving Money Out of India and the Certificates It Needs

A remittance out of India needs its tax position certified before the bank will process it. The file establishes the character of the funds, produces the certification, and keeps the position consistent with the returns already filed.

Read how this one runs

All case studies — every published engagement in one place.

Core International & Cross-Border Tax Services

International Tax Planning & Advisory

Strategy and compliance for income, assets and families spread across borders.

One coordinating team: filings on every side of the border are sequenced so treaty relief and foreign tax credits are claimed once — and in the right country.

U.S. & Cross-Border Tax Returns

Dual filers: U.S. citizens in Canada and Canadians with U.S. income run two parallel systems — we prepare both, in the right order, every year.

Expat & Emigration Tax

The move year is its own project: the elections and valuations filed that year decide the next decade of both countries’ returns.

Non-Resident Canadian Tax

Default withholding is 25% of gross: elective returns routinely turn over-withheld rent and pensions into refunds.

Transfer Pricing & BEPS

Documentation prepared with the return is the cheapest insurance in international tax; reconstructing it during an audit is the most expensive.

Cross-Border Estates & Trusts

Wills drafted for one country routinely misfire in the other — deemed disposition here, estate tax there, credits in between.

Cross-Border Corporate Tax

Expansion raises the same four questions every time — entity, PE, repatriation, payroll. We answer them before the tax authorities do.

India Tax for NRIs & Returning Residents

The deduction is taken on the sale price, not the gain — which is why an NRI property sale strands cash unless the certificate is applied for before closing.

Canadian Tax with a Foreign Element

Residency is decided on facts, not on a form — and the year you arrive or leave is the one where the largest amounts turn on the smallest details.

UAE Tax for Expats & Their Home Country

A zero-tax country is only half the answer — the question that decides the bill is whether the country you came from still treats you as resident.

Industries & Client Types We Serve Worldwide

Global E-commerce & Marketplaces
Technology & SaaS
Professional Services Firms
Cross-Border Real Estate
Importers, Exporters & Manufacturers
Athletes, Artists & Entertainers
Remote Workers & Digital Nomads
Investment Funds & Holding Companies

Global E-commerce & Marketplaces

  • Foreign VAT / GST / sales tax registrations
  • Marketplace withholding reviews
  • Inventory nexus & PE analysis
  • Multi-currency books reconciled
Explore E-commerce & Marketplaces

Technology & SaaS

Software revenue crosses borders by default — sourcing rules, withholding on licence-like payments and IP location decide the effective rate.

Software revenue is rarely taxed where the team sits. Licence, subscription and service income are characterised differently by each side, and the answer decides withholding at source, treaty relief and whether a foreign customer creates a taxable presence at all — questions that are cheap to settle before the contract and expensive afterwards.

  • Cross-border revenue sourcing & withholding
  • IP structuring with real substance
  • Equity for cross-border teams
  • U.S. expansion: entity & PE setup
Explore Technology & SaaS

Importers, Exporters & Manufacturers

  • Transfer pricing documentation (s.247)
  • Customs value vs transfer price
  • Foreign affiliate reporting (T1134)
  • Country-by-country reporting
Explore Trade & Manufacturing

Athletes, Artists & Entertainers

  • Reg 105 & U.S. CWA agreements
  • Multi-state & country calendars
  • Touring income allocation
  • Royalty & image-rights withholding
Explore Athletes & Entertainers

Remote Workers & Digital Nomads

  • Residency analysis before moving
  • Employer payroll exposure
  • Totalization & social security
  • Foreign tax credits
Explore Remote Workers

Investment Funds & Holding Companies

  • Treaty access & PPT reviews
  • FAPI & surplus computations
  • Withholding-efficient routing
  • Governance & substance
Explore Funds & Holdcos

What people ask us about NRI Indian return — do you need to declare foreign assets?

As an NRI do I have to declare my Canadian assets in India?

Your residential status for the year decides it. The schedule that asks about foreign bank accounts, foreign shares and overseas property is an obligation of a resident of India, and a non-resident's Indian return is confined to Indian-source income. So the usual answer for someone settled in Canada is that Canadian assets do not go on the Indian return at all. Two cautions. Status is determined year by year, so a year spent largely in India can change the answer for that year. And the position does not run both ways: Canada does want to know about Indian holdings. Fix your status for the year first, on evidence, and the contents of the return follow from it.

Do I need to file in India if tax was already deducted on my rent?

Deduction at source is a payment on account, not a settlement. The return is how the tax deducted is reconciled against the tax actually due on that income, and on rent the deduction is applied to the gross sum without regard to your municipal taxes, interest or the standard deduction, so more is commonly held back than the letting actually owes. Not filing means the excess simply stays where it is. It also leaves no Indian filing on record to support the treaty position on the Canadian side of the same income, which is the second reason to file: relief claimed in Canada is easier to sustain when the Indian return stands behind it.

Which Indian income goes on a non-resident return?

Income with an Indian source. Rent from Indian property, gains on the sale of Indian assets, interest on Indian deposits, dividends from Indian companies, and professional or employment income for work actually performed in India. Salary for work performed in Canada is not Indian-source merely because the employer is Indian or the money lands in an Indian account. What stays off the return matters as much as what goes on it, since employment income earned abroad, foreign investment income and foreign assets all sit outside a non-resident's Indian filing. Decide source income by income, because one return can carry rent, interest and a capital gain, each with its own computation and its own deduction already applied.

Tax was deducted on the whole sale price of my flat, can I claim it back?

Often, yes, and this is the single largest reason non-residents file. On a property sale the deduction is applied to the sale consideration rather than to the gain, so where the property has been held a long time and the original cost is a fraction of the price, the sum held back can exceed the tax on the gain by a wide margin. The return computes the gain properly, with cost, permitted additions and the holding period, and the excess deducted becomes a refund. Where the sale has not yet completed, the better route is a lower-deduction certificate obtained beforehand, so the buyer withholds something close to the real tax.

How do the Indian and Canadian tax years line up on my returns?

India runs April to March and Canada runs the calendar year, so one Indian year straddles two Canadian ones. Indian income has to be apportioned to the correct Canadian year when it is reported there, with the Indian tax matched to the same income for relief purposes. The advance-tax rhythm is Indian too, with instalments falling through India's own year, and it takes no notice of a Canadian filing season. The practical consequence is that relief claimed on a Canadian return often relates to Indian tax on income spanning two Indian years. Keep the income schedules by Indian year and by calendar year from the outset, because reconstructing the split later is the slow part.

Do I have to report my Indian bank interest if it is small?

Interest credited on an Indian deposit is Indian-source income and tax is generally deducted before you see it, whatever the sum. Whether a return is strictly required depends on your total Indian income against the filing threshold for that year, but the reason to file is usually recovery rather than obligation: deduction on deposit interest is applied at a flat rate with no regard to where you actually fall in the rate bands, so a non-resident with modest Indian income is commonly in credit. Note also which accounts they are, because deposits designated for non-residents have their own treatment, and interest exempt in India still has to be reported in Canada.

Do I have to declare my dual citizenship?

A tax return does not generally ask you to declare which passports you hold; it asks about residence, and in the US case it applies to citizens by definition. What does ask is your bank. Account-opening self-certification under FATCA and the Common Reporting Standard asks which countries you are a tax resident or citizen of, and the answer is reported onward to the tax authority. So the practical answer is that the information arrives either way. See FATCA reporting.

What is the Liberalised Remittance Scheme?

The Reserve Bank of India framework under which a resident individual may remit up to an annual ceiling for permitted purposes — education, medical treatment, travel, maintenance of relatives, investment in shares or property abroad — with gifts and loans to non-residents inside the same ceiling. You declare the purpose to the bank on Form A2. The ceiling and the excluded purposes are set by the RBI and have changed more than once, so the figure to work from is the one current at the date of the transfer. See Form A2 and LRS remittances.

Our practitioners are alumni of leading accounting and tax institutions

Where our partners studied — CPA Canada (In-Depth Tax Program), AICPA, the Institute of Chartered Accountants of India and the Malaysian Institute of Accountants.

Request a Quote +1 (416) 619-0068